The ANC has threatened to take legal action against the former Eskom CEO Andre du Ruyter if he doesn't lay criminal charges against those he accused of corruption at the struggling parastatal. De Ruyter said in a television interview last week that ANC used Eskom as a 'feed through'. He further claimed to have told a cabinet minister that a high-profile ANC member who he alleged was involved in criminal activities at the power utility. De Ruyter added that the minister, who he didn't name, responded by saying that he should 'allow some people to eat'.

BOUND BY LAW

In a statement released on Sunday, the ruling party said De Ruyter was bound by law because of his former position as the Eskom CEO to report acts of criminality at the utility. 

ANC spokesperson Mahlengi Bhengu-Motsiri said the party drew attention to the provisions of Section 34 of the Prevention and Combating Corrupt Activities Act, 2004, which make it illegal for any person in authority not to report an act or information or corruption and criminality. "Accordingly, we reiterate our call to De Ruyter to lay criminal charges, with verifiable details about his allegations.  The ANC urges De Ruyter to fulfill his constitutional and legal obligations to officially report to the police any act of criminality and/or illegality he is aware of within the next seven days."

LEGAL ACTION

Bhengu-Motsiri added that the ruling party is currently consulting with its legal team concerning statements made by De Ruyter. "The ANC once again advises Mr. De Ruyter that by law it is obligatory for "any person who holds a position of authority and who knows or ought reasonably to have known or suspected that any other person has committed an offense (of corruption), theft, fraud, extortion, forgery or uttering of a forged document involving an amount of R100 000,00 or more, must report such knowledge or suspicion or cause such knowledge or suspicion to be reported to any police official'. Bhengu-Motsiri added that should De Ruyter fail to bring such information forward and report it in line with his obligations will result in the ANC laying Section 34 charges against him.

LAW ENFORCEMENT TO INVESTIGATE 

She said the party's reason for urging De Ruyter to lay criminal charges is so that law enforcement agencies can investigate, and where appropriate, to prosecute those who have a case to answer, including any ANC members or public representatives who have violated both the laws of the country.